The Research Of The Problem About The Cumulative Amount In The Criminal Law

The existence of the system of cumulative amount, on the one hand, to adapt to our country "both qualitative and quantitative" criminal legislation mode of the concept of "crime", on the other hand the system through the accumulative calculation also make several crimes light situation according to the crimes of heavy case to handle, to better achieve equilibrium principle. But at present, China’s criminal legislation and criminal judicial explanation for the cumulative amount of central terms such as "multiple" and "raw" rules there are contradictory, and criminal judicial practice, the cumulative amount is faced with such as on the same object behavior many times how to select the cumulative amount and charges under the problem such as how to carry out the cumulative amount of applicable existence predicament. In view of this, this paper hope through the system of the cumulative amount of the above problems were analyzed and defined, prompting the system in our country a better fit. The full text mainly is divided into three parts:The first part is the cumulative amount of specification and theoretical analysis. Amount of total system stipulated in Chinese criminal law is unified and simple, but the provision of the criminal explanation is contradictory. Amount accumulative total system involved in the act of many behaviors are homogeneous crime, should with multiple behavior belongs to independent or continuous homogeneous behavior as a differentiator, respectively by a sin and continuously make many times as the theoretical basis; When in the act of repeated wrongdoing, is based on the theory of the continuous behavior said. Amount accumulative total system adapted to the concept of crime in our criminal legislation requirements of equilibrium principle is adapted to the crime of the connotation of "difference". From the social position and social harmfulness of the rule of quantitative change to qualitative change, the amount of the amount of cumulative system should be extended to all.The second part is the cumulative amount both specifications in terms of the core. Mainly to our country present criminal law and the relevant criminal judicial interpretation in the cumulative amount stipulated by the four core terms (" times ","behavior","raw" and "aging") to understand and define. System of the cumulative amount of "multiple" should be defined as two and above, thus to complete the maintenance method system; The "behavior" in the system of total amount should be defined as includes crimes also include illegal behavior; System of the cumulative amount of "raw" should be clear for the administrative penalties "without", so as to realize the amount accumulative total system upgrade the function of behavior many times a crime; In addition, the amount of total system limitation system, should be made to achieve crime shall practice a system of limitation, standard of behavior for illegal administrative limitation shall apply.The third part is the cumulative amount of complicated problems in judicial application analysis. Mainly to the amount of accumulated in the judicial application of the most common four problems, a detailed analysis. On the same object behavior many times the amount of the total, should time violation behavior after a new system of legal interests as a cumulative amount applicable premise; And under the choice charges to "different" as the prerequisite of the amount of total system applicable; In a serial crime to behavior person actually the applicable condition of the property as a system of total amount; In addition, when it comes to different areas, the amount of the cumulative amount under the system of standards will be subject to trial, carried out in accordance with the different ratio of conversion.